NY a81758: The tariff classification of a tote bag from India

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A81758

                          April 9, 1996

CLA-2-42:RR:NC:WA:341 A81758  

CATEGORY: Classification

TARIFF NO.: 4202.92.3030        

Mr. Victor J. Juzumas
Cargo Bldg. 80  rm. 113
Jamaica, N. Y. 11430 


RE:  The tariff classification of a tote bag from India

Dear Mr. Juzumas:

     In your letter dated March 2, 1996 you requested a
classification ruling.  The request is on behalf of the importer
of record, Ashi's Collections, Inc., 21051 Sandpiper St., Walnut,
California. 

     The sample submitted is an open top shopper tote bag which
measures approximately 11.5" x 11' x 5".  It is manufactured of a
black twill fabric and has double shoulder straps.  The top has a
small hook and loop tab which gathers the top at the center.  The
bag is unlined and is embroided on the exterior front panel with
a floral smile face design.  The bag has a sewn-in fabric label
which reads "Made in India , RN 76900" affixed to the inner seam
at the bottom of the bag.  The fabric appears to be in chief
weight of man-made textile materials.  

     The applicable subheading for the tote bag will be
4202.92.3030, Harmonized Tariff Schedule of the United States
(HTS), which provides for travel, sport and similar bags, with
outer surface of textile materials, other, of man-made fibers. 
The duty rate will be 19.5 percent ad valorem.

     Tariff number 4202.92.3030 falls within textile category
designation 670.  Based upon international textile trade
agreements products of India are subject to quota and the
requirement of a visa.

     The designated textile and apparel categories may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes.  To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.

    Please note, the marking statute, section 304, Tariff Act of
1930, as amended ( 19U.S.C. 1304 ) provides that unless excepted,
every article of foreign origin imported into the United States
shall be marked in a conspicuous place, legibly, indelibly and
permanently as the nature of the article will permit, in such a
manner as to indicate to the ultimate purchaser in the United
States the English name of the country of origin of the article. 
The tote bag submitted is not legally marked as provided by the
statue.  The placement of the sewn-in label at the bottom is not
considered to be as conspicuous as the article will permit.  It
is recommended that the label be sewn into the top seam of the
bag in close proximity to the hook and loop closure.   

     This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).

     A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported.  If you have any questions
regarding the ruling, contact National Import Specialist Kevin
Gorman at 212-466-5893.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division